§ 13-5-3. Amendments to the 2001 U.S. Public Health Service/FDA Food Code.

The following amendments are hereby made to the 2001 U.S. Public Health Service/FDA Food Code as adopted by Section 13-5-1:

(a)

Amend subpart "1-201.10(B) Terms Defined" by deleting definition (36) "Food establishment" in its entirety and inserting in its place the following:

(36)

"Food establishment" shall be interchangeable with the term "food service establishment" and shall mean any fixed or mobile restaurant, temporary food service establishment, cafeteria, coffee shop, cocktail lounge, catering kitchen, sidewalk cafe, commissary, luncheonette, grill, short-order cafe, sandwich shop, soda fountain, ice cream shop, mobile ice cream truck, mobile lunch truck, tearoom, drive-in theatre, movie theatre, drive-in restaurant, night club, roadside stand, grocery store, meat market, bakery, warehouse, juice bar, industrial feeding establishment, wholesale ice or food processing plant, wholesale distributor, group daycare facility, service or fraternal club, liquor lounge, food vending operation (whether attended or unattended), private, public or nonprofit organization or institution serving the public, or similar place in which food is prepared for sale, or any establishment where food is stored, manufactured, processed, or packaged, or any other eating or drinking establishment where food or drink is served or provided for the public with or without charge.

(b)

Amend subpart "1-201.10(B) Terms Defined" by deleting definition (37) "Food processing plant" in its entirety and inserting in its place the following:

(37)

"Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to the consumer.

(c)

Amend subpart "1-201.10(B) Terms Defined" by deleting definition (55) "Permit" in its entirety and inserting in its place the following:

(55)

"Permit" shall be interchangeable with the term "license" and shall mean the document issued by the Code Administrator that authorizes a person to operate a food service establishment.

(d)

Amend subpart "1-201.10(B) Terms Defined" by deleting definition (73) "Regulatory Authority" in its entirety and inserting in its place the following:

(73)

"Regulatory authority" shall be interchangeable with and mean the Code Administrator of the City of Concord or the Code Administrator's designee.

(e)

Amend subpart "1-201.10(B) Terms Defined" by deleting definition (95) "Temporary food establishment" in its entirety and inserting in its place the following:

(95)

"Temporary food establishment" shall be interchangeable with the term "temporary food service establishment" and shall mean a food service establishment which operates at a fixed location for a temporary period of time, not to exceed fourteen (14) days, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.

(f)

Amend subpart "1-201.10(B) Terms Defined" by inserting the following new definitions:

(102)

"Bed and breakfast establishment" means a type of lodging facility wherein a single-family dwelling is used to provide rooming units for transient lodging and which may provide limited food service for guests or lodgers.

(103)

"Board," as used for appeal and hearing purposes within this Article, shall mean the Board established under Title V, Administrative Code, Article 30-3, Boards and Commissions, Section 30-3-13, Licensing Board.

(g)

Amend subpart "3-201.11 Compliance with Food Law" by deleting paragraph (B) in its entirety and inserting in its place the following:

(B)

Except when prepared in an approved and licensed home facility, food prepared in a private home may not be used or offered for human consumption in a food service establishment.

(h)

Amend subpart "4-201.11 Equipment and Utensils" by adding a second sentence as follows:

All multi-use equipment and utensils shall meet or exceed the current National Sanitation Foundation or equivalent standards.

(i)

Amend part "4-3 Numbers and Capacities" by adding a new subpart as follows:

"4-301.15 Mechanical Warewashing, Tableware." Except when specifically waived by the Code Administrator, a mechanical warewashing machine shall be provided in all establishments utilizing tableware in service to the public, and all tableware other than single serve articles shall be cleaned after each use, using such machine(s).

(j)

Amend subpart "4-501.16 Warewashing Equipment, Use Limitation" by adding a new paragraph (C) as follows:

(C)

A separate sink shall be required for the thawing, washing or preparation of produce and raw foods.

(k)

Delete subpart "5-203.12 Toilets and Urinals" in its entirety and insert in its place the following:

"5-203.12 Toilets and Water Closets." At least 1 toilet (water closet) shall be provided and no fewer than the number of toilets required by law and which conform with the plumbing code currently adopted by state and local laws and ordinances.

Seating Capacity	Number of Fixtures
	Male	Female
1— 50	1	1
51—150	2	2
151—300	3	4
Over 300 add one fixture each to male and female for each 200 additional seats.

 

(l)

Amend subpart "6-201.16 Wall and Ceiling Coverings and Coatings" by adding a second sentence at the end of paragraph (A) as follows:

All walls shall be easily cleanable, light in color, and covered with kalite, kemlite, formica, or other material, surface or coating approved by the Code Administrator.

(m)

Amend subpart "6-201.16 Wall and Ceiling Coverings and Coatings" by deleting paragraph (B) in its entirety.

(n)

Amend subpart "6-401.10 Conveniently Located" by adding a second sentence as follows:

Except when approved by the Code Administrator and when employee access does not require passage through a customer dining area, employee handwashing lavatories shall satisfy the requirements of §§ 5-203.11 and 5-204.11 and shall be separate from customer restroom facilities.

(o)

Amend subpart "6-402.11 Convenience and Accessibility" by adding a second sentence as follows:

Except when approved by the Code Administrator and when employee access does not require passage through a customer dining area, employee toilet rooms shall satisfy the requirements of § 5-203.12 and shall be separate from customer restroom facilities.

(p)

Delete subpart "8-301.11 Prerequisite for Operation" in its entirety and insert in its place the following:

A person shall not operate a food service establishment without a valid license issued in accordance with Section 13-5-4 of this Article.

(q)

Amend subpart "8-302.13 Qualifications and Responsibilities of Applicants" by deleting paragraph (D) in its entirety and inserting in its place the following:

Pay the applicable license fees in accordance with Section 13-5-5 of this Article.

(r)

Delete subpart "8-304.10 Responsibilities of the Regulatory Authority" including paragraphs (A) and (B) in their entireties and insert in its place the following:

"8-304.10 Code Acquisition" The licensee shall acquire and have on the premises at all times a copy of this Code.

(Ord. No. 2139, § 1, 1-9-95; Ord. No. 2477, § II, 7-14-03; Ord. No. 2741, § I, 2-17-09)